Public Unleased Land Act 2013
19Approval to carry out work on public unleased land
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19 Approval to carry out work on public unleased land (1) A person may apply to the director-general for approval (a work approval) to carry out work on public unleased land. (i) why the work should not be carried out; or (ii) how the work should be carried out. (3) If the public unleased land is a reserve, the director-general must consult the conservator about the application.
Work on public unleased land Division 2.3 (4) In deciding whether to issue an approval, the director-general must (a) whether the work would be likely to— (i) cause undue disturbance, inconvenience or offence to people lawfully on or near the public unleased land; or (ii) cause undue risk to people or property; or (iii) damage the public unleased land; and (iv) damage a protected tree, or be prohibited groundwork in the protection zone of a protected tree; and (5) The director-general may issue an approval only if reasonably satisfied that carrying out the work in accordance with the approval would not be likely to— (a) unacceptably affect people lawfully on or near the public (b) cause unacceptable risk to people, property or the public (c) cause unacceptable damage to a protected tree. Note Under the Urban Forest Act 2023, s 92, an applicant for a work approval may be required to enter into a tree bond agreement if a protected tree is at risk of damage because of work carried out under the approval. (6) An approval may be subject to any condition that the director-general reasonably believes is necessary to— (a) eliminate an effect or risk mentioned in subsection (5); or
(b) if the effect or risk cannot be eliminated—minimise the effect or risk. Examples—conditions 1 that the work site be lit from sunset to sunrise 2 that the work site be fenced (7) In this section: prohibited groundwork—see the Urban Forest Act 2023, section 15.